Terms and Conditions - Legal Statement

 

ATTENTION:

If you see this Terms and Conditions by installing or updating xTasyTrader please note the following:

You are agreeing to be legally bound by the Terms. We may change the Terms from time to time
without notice, so be sure to check this page regularly. Whenever you are installing the xT-Package by the first time or a new release with a higher version number of the xT-Package, you will be prompted to accept the terms and conditions, which might contain changes. Pressing the accept button in the xT-Package confirms that you have read and accepted the current content, including possible changes since your last confirmation. Closing the Terms and Conditions without pressing the Accept-Button will close the xTasy-Trader platform automatically

 

 

PREAMBLE:

Terms and Conditions of  xTradersYard, Inc. (referred to as “TRADERSYARD”, “we”, “us”, or “our” herein) Web site (the “Site”).

xTasyTrader components (xTasyTrader platform or Add-Ons), or the Software of third parties are referred as “external AddOns”

As used in these terms, “subjects” includes, but is not limited to, software, images, text, audio and all other information, displayed, contained
within, or accessible on the site.

By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. xTasyTrader may from time to time modify or revise the Terms by updating this web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If
any change is unacceptable to you, your only recourse is to terminate your use
of the Site.

      Risk Warning

Trading financial instruments, including foreign exchange on margin, carries a high degree of risk and is not suitable for all investors. The high degree of leverage can work against you as well as for you. Before you decide to invest in financial instruments or foreign exchange, you should carefully consider your investment objectives, level of experience, and risk tolerance. There is a possibility that you may suffer a loss of some or all of your initial investment and even more, and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks involved in trading and if in doubt seek the advice of an independent financial advisor.

 

General

The following provisions regulate the contractual relationship between TradersYard, Inc (TRADERSYARD) and the user of the xTasyTrader trading platform, hereinafter referred to as the “User”.

TRADERSYARD concludes contracts in principle only to its own conditions, deviating conditions of the contracting partner are valid only if TRADERSYARD agrees to them expressly and in writing.

These General Terms&Conditions are available for inspection at TRADERSYARD in their respective valid version and can be accessed on the Internet at https://xtasytrader.com/terms-and-conditions/.

With the conclusion of the contract according to point xx, the following General Terms&Conditions  are considered as agreed between TRADERSYARD and the respective customer.

You agree to be legally bound by the Terms. We may change the Terms from time to time without notice, so you should visit this page periodically. Whenever you install XTasyTrader for the first time or in a new release of XTasyTrader, you will be asked to confirm the Terms and Conditions that may contain changes via the “Accept” button during the installation of XTasyTrader.

Rejection of the Terms&Conditions will result in the software being closed, or as long as the Accept button is not confirmed, the software will not allow users to continue. If you reject the General Terms&Conditions, the software components (trading platform or parts thereof) may no longer be accessed or used. The customer can then demand the termination of access to the platform – without thereby receiving the right of refunds.

THIS AGREEMENT APPLIES TO ALL RELEASED VERSIONS OF THE PLATFORM, SUPPLEMENTARY PRODUCTS, ADDONs, ETC…, INCLUDING BUT NOT LIMITED TO ALPHA AND BETA VERSIONS.

 

Definition and nature

The xTasyTrader software application is a stock, futures, options, forex and CFD trading platform connected to the financial markets through various independent software providers and third-party broker APIs for the purpose of analysis and trading.

XTasyTrader is a software that provides a general, open framework to use different approaches to securities analysis. With the software it is possible to combine and evaluate various analysis techniques in a standardized form. XTasyTrader can also be used to determine trend signals for securities as well as related buy and sell signals. The TRADERSYARD does not take over any success warranty for the signals. Likewise, TRADERSYARD assumes no liability for the correctness of the strategy, signal, stop and target components offered by TRADERSYARD or its 3rd party tool providers via the web store.

If the customer uses the securities analysis created with the help of the software or the aforementioned components when deciding or advising on the purchase or sale of a security, he does so at his own responsibility. The results of the XTasyTrader software do not replace under any circumstances the independent decision of the customer about the purchase or sale of securities.

 

Conclusion of contract

The customer of TRADERSYARD can only be a physical or legal entity as well as a company registered in the Commercial Register without its own legal personality. TRADERSYARD is entitled to request and obtain all necessary information regarding the identity and creditworthiness as well as the legal capacity of the customer, as well as the proof of the existence of an authority to sign or represent.

Furthermore, the customer must provide a billing address during the online rental process.

The offers of TRADERSYARD are subject to change and non-binding. The customer’s order is binding for him upon receipt by TRADERSYARD. If TRADERSYARD accepts the offer, it will send an order confirmation. Upon receipt of the order confirmation by the customer, the contract is concluded and the customer is thus designated as the contracting party.

The User represents and warrants to the TRADERSYARD as follows:

(a) the User acknowledges that all right, title and interest in the Platform belongs to the TRADERSYARD and is assignable to third parties in any form. (b) User is over eighteen (18) years of age and has the authority to enter into and perform User’s obligations under this Agreement, (c) User has provided and will continue to provide accurate and complete registration information, including but not limited to User’s legal name, address and telephone number, (d) all information provided by User to TRADERSYARD is true, accurate and complete, (e) User is the authorized signer of the credit or charge card provided to TRADERSYARD for payment of fees, (f) User will comply with all terms and conditions of this Agreement, (g) User, and not TRADERSYARD, is solely responsible for the security and use of User’s activation keys and passwords.

 

Delivery

TRADERSYARD provides the XTasyTrader software and related documentation for download at https://xtasytrader.com/start-now-download-free/.

A Basic version of xTasyTrader is free of charge.

Upgrade products/features can be booked via https://www.xyards.com/xtasytradershop/ with costs.

After receipt of payment, the customer will receive corresponding access codes, possibly passwords and activation keys to activate the XTasyTrader software according to the ordered functionality.

 

Access ID

The customer is responsible for the protection of the user IDs, passwords and activation keys provided to him. In particular, the Customer is not authorized to provide third parties with access to the XTasyTrader software by passing on personal user IDs, passwords or activation keys. The customer commits himself to keep his data safe and to take the necessary precautions to prevent them from falling into the hands of third parties. In case of loss of user ID and/or password or in case of suspicion of knowledge of third parties, TRADERSYARD has to be informed immediately. This can be done by email to [email protected]

The customer is liable without limitation for damages resulting from the disclosure or publication of user ID/password to third parties.

 

Terms of use

TRADERSYARD (licensor) grants the customer (licensee) a non-exclusive, non-transferable right to use the software and the documentation during the term of this contract

The authentication of the usage authorization is controlled via a licensing component, which is located in the system environment of TRADERSYARD. The licensee must be able to establish a connection to this server. If it is not possible for XTasyTrader to reach the server over the period of 2 weeks, starting from the first connection failure, then the licensor assumes that a deliberate blocking of the license check has taken place and deactivates the software on the functionality of the free version. However, the licensee has the possibility to remedy this circumstance or to contact TRADERSYARD and then the software will be unlocked again.

The customer is entitled to make copies of the provided software exclusively for backup purposes. TRADERSYARD acquires all rights to these copies, unless they have been transferred to the customer. The customer is entitled to use the software within the scope of the intended use on his computer.

An XTasyTrader software license entitles the customer to use the software only on one workstation at a time.  Simultaneous operation of this software on multiple workstations is not permitted.

TRADERSYARD remains the owner of all rights to the software, even if the customer modifies the software or combines it with his own software or that of a third party.

Upon termination of the contract, the customer is obligated to irretrievably delete or destroy all copies of the software, including the documentation, that he has.

 

Use at the customer

The user may not share the software, usernames and/or passwords with any other person, company, partnership, organization, association or otherwise.

The User is aware that the xTasyTrader platform connects to or has implemented a wide variety of broker APIs, trading platforms, software products, third-party services. The company guarantees that the use of such components is agreed and licensed with the respective manufacturers and providers. If the user uses components of these providers, he is obliged to comply with the individual terms of use of these providers.

CAUTION: TRADERSYARD makes no representations as to the operation or performance of these components and expressly disclaims all warranties, express, implied, including warranties of merchantability or fitness for a particular purpose.

In the course of the monthly rental services rendered to TRADERSYARD, the user is entitled to updates of the xTasyTrader platform and the add-ons included in the scope of rental, which, however, are at the sole discretion of TRADERSYARD or the respective 3rd party provider.

The User is solely responsible for the security, confidentiality and integrity of all messages and content that it receives, transmits or stores via the Platform, a computer or any connected device used to access the Platform.

The user bears sole responsibility for all access (authorized or unauthorized) to the user account by third parties of any kind.

The user is solely responsible for the functioning (power supply, internet connection, storage capacities, etc) of his hardware on which the hardware is installed.

The User acknowledges that the Platform may be inaccessible or inoperable from time to time for a variety of reasons, including but not limited to: server failures, maintenance or repairs to key components, Internet outages, equipment (hardware) failures, software malfunctions, or other causes beyond the reasonable control of the Company or causes not reasonably foreseeable by the Company. The user agrees to indemnify and hold TRADERSYARD harmless in such cases.

 

Tools and features with external data sources

In some features and tools integrated in XTasyTrader like e.g. xTick data feed, EOD screener, futures calendar, economic calendar, COT report, etc. (incomplete excerpt from features list). The XTasyTrader-Client uses external data sources from the freely accessible Internet, but also various free or paid interfaces to data providers, brokers and interface providers.

In the case of external data sources, the data format or interface may change, or the interface or the entire service may be shut down altogether by the respective operator, which is beyond the control of TRADERSYARD /XTasyTrader.

These features/tools offer an added value, but there is no claim on the part of the user that in case of a massive change or a complete shutdown of the source of supply of the data, the respective service in XTasyTrader will continue to be available.

In case of a change of the interface, TRADERSYARD /XTasyTrader guarantees to adapt the software – if possible – to the changed circumstances as soon as possible and to provide the users with a new release. However, if the data reference sources are no longer accessible from the trading platform, it may result in the affected feature/tool only being available to a limited extent or being removed from the platform altogether. However, the user has no right to get a replacement for it, even if the user uses add-ons/plug-ins that are based on such data.

TraderPackages/AddOns from 3rdParty providers

TRADERSYARD distinguishes between internal and external TraderPackages/Add-Ons. Internal TraderPackages/Add-Ons are subject to the IP of TRADERSYARD.

However, User acknowledges that 3rdParty Providers may also develop TraderPackages/Add-Ons (“External AddOns”), including but not limited to indicators, strategies and components that interact with and/or function within the Platform and/or provide educational services that demonstrate the use of the Platform and its External Addons. The Providers and their websites, products, services and apps, referred to as 3rdParty Content, are independent individuals or companies that are in no way directly related with TRADERSYARD.

Understandably, TRADERSYARD cannot assume any responsibility for the use of external add-ons due to the impossibility of quality control, and the complete responsibility for the correctness and functioning of these third-party components passes to the manufacturer.

The installation and use of external AddOns is at the user’s own risk. The user hereby agrees that TRADERSYARD does not make any guarantees regarding compatibility and is not responsible for the functioning of the external AddOns individually or in relation to the platform.

i.e. TRADERSYARD makes no representations or warranties with respect to External AddOns and expressly disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

Disclaimer:
TRADERSYARD and its affiliates are not responsible for, and do not approve, recommend or endorse any 3rdParty Content. It is the sole responsibility of users to evaluate such content.

Please note that any performance information provided by a vendor should be considered hypothetical and must include the disclosures required by NFA Rule 2-29(c).

Visit or read the CFTC resources for education about the industry and signs of fraud: https://www.cftc.gov/sites/default/files/idc/groups/public/@newsroom/documents/file/amaf_factsheet_final.pdf

 

Contract termination:

TRADERSYARD only provides rental licenses for all services. A rental license of the various xTasyTrader single features runs as long as the user meets his regular payments in time. If the user does not need the rental license anymore, the licensee has to take care that the license subscription is cancelled. If the subscription is cancelled or no payment is made by the user, the license will be suspended after the expiration of the respective payment period.

The user acknowledges that the monthly rental subscriptions are automatically renewed and the customer must take care to cancel the rental subscriptions himself.

If a subscription payment is not settled in time (uncovered credit card, other payment problems), a grace period of 5 days applies that the subscriptions of the paid platform features are still available and active. After the 5 days the subscriptions will be automatically terminated and the xTasyTrader platform will be reset to the freemium functionality.

TRADERSYARD reserves the right to terminate the usage relationship with the customer prematurely and without notice for reasons that are essentially within the sphere of the customer; in this case, the customer has no claim for reimbursement for fees already paid.

Extraordinary reasons for termination are in particular the violation of obligations according to point xx by the customer as well as other essential reasons lying in the sphere of TRADERSYARD or the customer.

TRADERSYARD further reserves the right to cancel any contract even without giving reasons with a one-month notice period. In such a case the activation key will be centrally deactivated. Any further claim for compensation by the customer is excluded.

In case of extraordinary or ordinary termination of the contract, the customer undertakes in any case to immediately delete all acquired software products of TRADERSYARD and not to use them anymore. In this case, the activation key will be decommissioned by TRADERSYARD.

 

Personal data – Privacy

You also understand that the TRADERSYARD and/or its affiliates will share this information with each other as necessary to implement, administer and manage your subscription plan and relationship with TRADERSYARD (Plan), and that the TRADERSYARD and/or its affiliates may also share this information with third parties who assist the TRADERSYARD in implementing, administering and managing the Plan. You authorize them to receive, possess, use, retain and transfer the data in electronic or other form for these purposes. You also understand that you may review the Data, request necessary changes to the Data, or withdraw your consent in writing at any time by contacting the TRADERSYARD. You further understand that withdrawal of your consent may affect your ability to participate in the Plan.

TRADERSYARD cannot guarantee the security of data transfer from the customer to TRADERSYARD systems, as no transfer over the Internet can be guaranteed to be completely secure. Data transfers from the customer to TRADERSYARD are made exclusively at the risk of the user.

 

Use of function-specific information

You agree that TRADERSYARD or its direct affiliates may store and use information about your use of the Service for purposes of internal function tracking analysis. No personal or trading-related data will be used, but only function-specific data that serves the weighting in relation to the frequency of these functions in order to be able to create derivations for the importance of maintenance efforts and further developments.

Likewise, TRADERSYARD may record aggregate information such as web site activity (visits, navigation, demographic data) and share it as anonymously and aggregated data with third parties.

 

Complaints/Customer Service

xTasyTrader is delivered in its basic version without a support option. TradersYard provides a support forum where questions can be answered by moderators or other forum users.

Answers via the forum do not guarantee correctness, as very often essential and important facts for problem analysis cannot be completely passed on by the user via the forum and therefore the moderators are not able to correctly grasp and answer complex problems.

Furthermore, answers from other forum users cannot be controlled by the TradersYard team.

In order to receive direct e-mail support, the user must redeem one of the support packages.  The support is then only available to the contractual partner who solved the support package and cannot be transferred.

The use of cloud services such as SkyDrive, GoogleDrive, Dropbox or similar cloud ware can lead to massive problems with the data synchronization of the different computers. Support efforts in relation to cloud ware, e.g. finding the cause, rectification of the error condition can not be taken over by the xTasyTrader support team. Also computer settings specific support services are excluded from the support packages.

The support expires in the event that www.xTasyTrader.com is taken offline or the purchased support license is no longer in the possession of the licensee due to revocation or license termination.

Remote Support:

TRADERSYARD may, at its sole discretion, provide technical support services as a courtesy, subject to the following terms and conditions. User accepts all risks associated with requesting or authorizing remote access and control of User’s computer by Company personnel. By requesting and authorizing remote access, the User acknowledges that he/she is granting Company personnel access to the files and data on the User’s computer. Before allowing remote access, the user agrees to close any confidential or personal files and back up any important files.

TRADERSYARD makes no warranties with respect to the Remote Support Services. And hereby disclaims all warranties and conditions of any kind with respect to this service, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. In no event shall TradersYard be liable for any damages, including special, direct, indirect or consequential damages resulting from loss of use, data or profits, regardless of the legal theory under which such claims are brought – including, but not limited to, contract actions, negligence or other torts, in connection with the provision of the technical support service.  In no event shall TRADERSYARD’s total liability for damages exceed ONE HUNDRED DOLLARS (US$100).


Information on the part of third-party websites/events/technologies:

These are components and informational events created by independent providers who are not on TRADERSYARD’s staff. To the extent that such Third Party Providers or their technology provide opinions, recommendations or signals to buy or sell securities, you understand that such opinions, recommendations and signals are expressed by the Third Party Provider and are not the opinions or recommendations of TRADERSYARD /XTasyTrader. The Third Party Provider Information and/or their technology and/or website and/or AddOns does not constitute a recommendation by TRADERSYARD /XTasyTrader to invest in securities or to pursue an investment strategy. The existence of these aforementioned technologies and our approval of any connection through our technology, website or trading platform does not constitute a representation, warranty or other guarantee by us as to the present or future value or suitability of any sale, trade or other transaction involving a particular security or other investment. The existence of such information, tools and services provided by the Third Party Provider and/or its technologies does not constitute an endorsement of the Third Party Provider and/or its technologies.

Other Rights and Limitations

Maintenance of Copyright Notices: You may not remove or alter any copyright notices on all copies of the Software.

Prohibition of reverse engineering, decompilation and disassembly. User shall not reverse engineer, decompile or disassemble the Software or any portion of the Software. User agrees not to attempt, and if User is a business, User will use its best efforts to prevent User’s employees and contractors from attempting, to reverse engineer, modify, translate or disassemble the Software, in whole or in part. Any failure to comply with the above or any other terms contained herein will result in automatic termination of this License and reversion of the rights granted herein to Company or make itself liable to prosecution for copyright and IP infringement.

Compliance with Applicable Laws. You must comply with all applicable laws regarding the use of the Software.

Severability/Partial Invalidity: If any provision of this Agreement is found to be illegal or unenforceable, that provision shall be enforced to the maximum extent possible and the other provisions shall remain in full force and effect. If any provision of this Agreement is held to be invalid, void or unenforceable, either in its entirety or in any particular application, the remainder of this Agreement shall nevertheless remain in full force and effect.

Governing Law/Dispute Resolution. This Agreement is entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to any conflicts of law principles. All disputes relating to or arising out of this Agreement, including but not limited to the arbitrability and validity of this Agreement, shall be resolved by binding arbitration in Wilmington, Delaware, USA.

Assignment by Company: Company may, at its sole discretion and without prior notice, assign this Agreement or any rights hereunder to any Affiliate.

General Disclaimer and Limitation of Liability for any TRADERSYARD/xTasyTrader Services.

IN NO EVENT SHALL TRADERSYARD, ITS LICENSORS, OR ANY OTHER PERSON, CORPORATION, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE INVOLVED IN CREATING, PRODUCING OR DELIVERING XTASYTRADER AND/OR TRADERSYARD BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, REGARDLESS, WHETHER A CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL BASIS, EVEN IF TRADERSYARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRADERSYARD’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF TRADERSYARD/xTASYTRADER SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.